subpart 10—physical education

§7261. Short title

This subpart may be cited as the "Carol M. White Physical Education Program".

(Pub. L. 89–10, title V, §5501, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1841.)

Prior Provisions

A prior section 7261, Pub. L. 89–10, title V, §5301, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3701, set forth short title of the School Dropout Assistance Act, prior to the general amendment of this subchapter by Pub. L. 107–110.

§7261a. Purpose

The purpose of this subpart is to award grants and contracts to initiate, expand, and improve physical education programs for all kindergarten through 12th-grade students.

(Pub. L. 89–10, title V, §5502, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1841.)

§7261b. Program authorized

(a) Authorization

The Secretary is authorized to award grants to local educational agencies and community-based organizations (such as Boys and Girls Clubs, Boy Scouts and Girl Scouts, and the Young Men's Christian Organization (YMCA) and Young Women's Christian Organization (YWCA)) to pay the Federal share of the costs of initiating, expanding, and improving physical education programs (including after-school programs) for kindergarten through 12th-grade students by—

(1) providing equipment and support to enable students to participate actively in physical education activities; and

(2) providing funds for staff and teacher training and education.

(b) Program elements

A physical education program funded under this subpart may provide for one or more of the following:

(1) Fitness education and assessment to help students understand, improve, or maintain their physical well-being.

(2) Instruction in a variety of motor skills and physical activities designed to enhance the physical, mental, and social or emotional development of every student.

(3) Development of, and instruction in, cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle.

(4) Opportunities to develop positive social and cooperative skills through physical activity participation.

(5) Instruction in healthy eating habits and good nutrition.

(6) Opportunities for professional development for teachers of physical education to stay abreast of the latest research, issues, and trends in the field of physical education.

(c) Special rule

For the purpose of this subpart, extracurricular activities, such as team sports and Reserve Officers' Training Corps (ROTC) program activities, shall not be considered as part of the curriculum of a physical education program assisted under this subpart.

(Pub. L. 89–10, title V, §5503, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1841.)

§7261c. Applications

(a) Submission

Each local educational agency or community-based organization desiring a grant or contract under this subpart shall submit to the Secretary an application that contains a plan to initiate, expand, or improve physical education programs in order to make progress toward meeting State standards for physical education.

(b) Private school and home-schooled students

An application for funds under this subpart may provide for the participation, in the activities funded under this subpart, of—

(1) students enrolled in private nonprofit elementary schools or secondary schools, and their parents and teachers; or

(2) home-schooled students, and their parents and teachers.

(Pub. L. 89–10, title V, §5504, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1841.)

§7261d. Requirements

(a) Annual report to the Secretary

In order to continue receiving funding after the first year of a multiyear grant or contract under this subpart, the administrator of the grant or contract for the local educational agency or community-based organization shall submit to the Secretary an annual report that—

(1) describes the activities conducted during the preceding year; and

(2) demonstrates that progress has been made toward meeting State standards for physical education.

(b) Administrative expenses

Not more than 5 percent of the grant funds made available to a local educational agency or community-based organization under this subpart for any fiscal year may be used for administrative expenses.

(Pub. L. 89–10, title V, §5505, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1842.)

§7261e. Administrative provisions

(a) Federal share

The Federal share under this subpart may not exceed—

(1) 90 percent of the total cost of a program for the first year for which the program receives assistance under this subpart; and

(2) 75 percent of such cost for the second and each subsequent such year.

(b) Proportionality

To the extent practicable, the Secretary shall ensure that grants awarded under this subpart shall be equitably distributed among local educational agencies and community-based organizations serving urban and rural areas.

(c) Report to Congress

Not later than June 1, 2003, the Secretary shall submit a report to Congress that—

(1) describes the programs assisted under this subpart;

(2) documents the success of such programs in improving physical fitness; and

(3) makes such recommendations as the Secretary determines appropriate for the continuation and improvement of the programs assisted under this subpart.

(d) Availability of funds

Amounts made available to the Secretary to carry out this subpart shall remain available until expended.

(Pub. L. 89–10, title V, §5506, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1842.)

§7261f. Supplement, not supplant

Funds made available under this subpart shall be used to supplement, and not supplant, any other Federal, State, or local funds available for physical education activities.

(Pub. L. 89–10, title V, §5507, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1842.)

Prior Provisions

Prior section 7262, Pub. L. 89–10, title V, §5302, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3701, which set forth purpose of the School Dropout Assistance Act, was omitted in the general amendment of this subchapter by Pub. L. 107–110.